WSR 11-15-052

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-158 -- Filed July 15, 2011, 4:09 p.m. , effective July 18, 2011 ]


Effective Date of Rule: July 18, 2011.

Purpose: The purpose of this rule making is to allow nontreaty recreational fishing opportunity in the Columbia River while protecting fish listed as threatened or endangered under the Endangered Species Act. This rule making implements federal court orders governing Washington's relationship with treaty Indian tribes, federal law governing Washington's relationship with Oregon, and Washington fish and wildlife commission policy guidance for Columbia River fisheries.

Citation of Existing Rules Affected by this Order: Repealing WAC 232-28-61900J and 232-28-61900W; and amending WAC 232-28-619.

Statutory Authority for Adoption: RCW 77.04.130, 77.12.045, and 77.12.047.

Other Authority: United States v. Oregon, Civil No. 68-513-KI (D. Or.), Order Adopting 2008-2017 United States v. Oregon Management Agreement (Aug. 12, 2008) (Doc. No. 2546); Northwest Gillnetters Ass'n v. Sandison, 95 Wn.2d 638, 628 P.2d 800 (1981); Washington fish and wildlife commission policies concerning Columbia River fisheries; 40 Stat. 515 (Columbia River compact).

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The summer chinook allocation for the sport fishery downstream of Bonneville Dam has been achieved and closing the fishery to retention of adult chinook will ensure that upriver fisheries are not constrained. Closing fisheries below the mouth of the Snake River for sockeye retention are necessary because the non-Indian limit for sockeye has been reached. There is insufficient time to adopt permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 1, Amended 0, Repealed 2; Federal Rules or Standards: New 1, Amended 0, Repealed 2; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: July 15, 2011.

Philip Anderson

Director


NEW SECTION
WAC 232-28-61900W   Exceptions to statewide rules--Columbia River.   Notwithstanding the provisions of WAC 232-28-619:

a) The Columbia River from the Megler-Astoria Bridge upstream to Bonneville Dam: Effective July 18 through July 31, 2011, is closed to retention of adult Chinook and sockeye. Daily salmonid limit is 6 fish (hatchery steelhead or hatchery jack Chinook), of which no more than 2 may be steelhead. Salmon minimum size is 12 inches.

b) The Columbia River from Bonneville Dam upstream to the Highway 395 Bridge in Pasco: Effective July 18 through July 31, is closed to the retention of sockeye. Daily salmonid limit is 6 fish (hatchery Chinook or hatchery steelhead), of which no more than 2 may be adult Chinook or hatchery steelhead or one of each. Salmon minimum size is 12 inches.

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REPEALER

The following section of the Washington Administrative Code is repealed effective July 18, 2011:

WAC 232-28-61900J Exceptions to statewide rules--Columbia River. (11-117)

The following section of the Washington Administrative Code is repealed effective August 1, 2011:

WAC 232-28-61900W Exceptions to statewide rules--Columbia River

Washington State Code Reviser's Office